Lead prosecutor Tan Sri Muhammad Shafee Abdullah said the evidence was admissible as it reflected Anwar’s former aide, Mohd Saiful’s state of mind and conduct before, during and after the alleged sodomy act.

He said the evidence was relevant to explain why there were no injuries or signs of physical trauma on the complainant’s anus.

“It is clear the evidence of previous sexual encounters, as testified by Mohd Saiful, is in fact, admissible…and there is no serious danger of pre-judicial evidence”,” he submitted before a five-man bench chaired by Chief Justice Tun Arifin Zakaria.

For example, Muhammad Shafee said, Mohd Saiful’s testimony which linked to previous sexual encounters with Anwar was “saya kata saya tidak mahu lakukannya pada hari tersebut” (“I said I did not want to do it on that day”).

He also said the High Court judge had erred in conducting maximum evaluation on the prosecution’s case and determining the guilt of Anwar at the end of the defence case, with regard to the alleged previous sexual encounters.

The evidence, he said, was relevant pursuant to Section 8 of the Evidence Act 1950 as it would explain the sodomy charge.

To another point, Muhammad Shafee argued that Anwar had failed to call his alibi witnesses to prove his defence.

He said Anwar, through his solicitor, S N Nair, had listed about 10 names, including his wife, (PKR president) Datuk Seri Dr Wan Azizah Wan Ismail, but none of them were called.

Anwar, 67, who is also Opposition Leader, is appealing against the Court of Appeal’s ruling which had found him guilty of sodomising Mohd Saiful, 27, at Unit 11-5-1 of the Desa Damansara Condominium in Jalan Setiakasih, Bukit Damansara between 3.10pm and 4.30pm on June 26, 2008.

The charge, under Section 377B of the Penal Code, carries a jail sentence of up to 20 years and whipping, upon conviction.

Muhammad Shafee is scheduled to continue his submission today.

He informed the court that he would take about one-and-a-half or two hours to wrap up his submission.